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In this May 18, 2017, file photo, Brandon Bostian, the Amtrak engineer involved in a fatal train crash, walks to a police station in Philadelphia to turn himself in to answer charges including causing a catastrophe and involuntary manslaughter. (AP Photo/Matt Rourke)

(Philadelphia) — Manslaughter charges filed against an Amtrak engineer involved in a deadly high-speed derailment in Philadelphia have been dropped for a second time.

A defense lawyer argued Tuesday that any mistakes made by Brandon Bostian do not amount to a crime, and a city judge agreed.

The Philadelphia Inquirer quotes Judge Barbara McDermott as saying, “the law recognizes we’re all human.”

Two judges have now dismissed charges against Bostian in the 2015 derailment that left eight people dead and about 200 injured. The state Attorney General’s Office says it will appeal the latest ruling.

National Transportation Safety Board investigators concluded Bostian lost his bearings while distracted by radio chatter about a nearby train that was struck by a rock.

Investigators say the train rounded a curve at more than twice the 50 mph speed limit.